Posted on February 17, 2016 in Children and Divorce

When you and your spouse decide that your marriage is irreparably broken and the best choice is to end it through divorce, you find yourself facing a series of difficult discussions. How you will divide your property, how you will divide parenting duties, and whether spousal maintenance is appropriate are all issues that may come up during the divorce process. One of the most difficult discussions you will have to have will take place outside the courtroom: telling your children that you are getting a divorce.

Make It a Family Discussion

Probably the most important step to take when telling your children about your plan to divorce is for you and your spouse to speak with them together. Find a calm, quiet block of time in your schedule and arrange a family meeting to discuss the divorce.

It is important that you and your spouse support each other during this discussion. Do not blame him or her or discuss what went wrong in your relationship. Instead, focus on what your divorce means for your family and the next steps you will take.

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 Posted on February 11, 2016 in Divorce

When you are working through a divorce, there is the right way to do things and the wrong way to do things. When you do things the wrong way, you run the chance of hurting your case and potentially losing money, property, or time and parenting duties with your child. If you are ever unsure about how to handle a situation that arises or conduct yourself in or outside of court, ask your attorney for guidance. As a preliminary framework, though, keep certain tips in mind to help your own divorce case.

Ignoring Court Orders

A representative of the court will contact you at various points during the divorce process. You might be summoned to appear in court, to give a deposition, or to work with a child custody evaluator to help the court determine an appropriate parenting time schedule for your child. In any of these scenarios, respond promptly to the request and give the court the information it asks for. Failure to comply with the court's orders can count against you in further dealings with the court, such as petitioning to modify your parenting time agreement.

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 Posted on February 09, 2016 in Property Division

If you are a doctor, an attorney, an accountant, a therapist, or any other type of professional that typically works within an individual or group professional practice, you need to consider how your earnings from this practice and interest in it may be divided between you and your spouse during your divorce. Working at a professional practice is not the same as working for an employer, nor is it necessarily the same as working as an independent contractor. You are running a business, either on your own or with partners.

It is important that you work with a divorce attorney who has experience handling such professionals' divorces to ensure that your interests in your practice are protected. Keep the following in mind as you enter a relationship with your attorney and begin the process of dissolving your marriage.

Your Practice Is a Marital Asset

Unless you have a prenuptial agreement in place that states that your professional practice or place within one may not be divided in a divorce, your share of the professional practice is subject to Illinois' equitable distribution laws for property division. This means that the court will examine how the money earned through the practice is spent in your household and the contribution that you and your spouse both make to it. Your spouse's contribution does not necessarily have to mean he or she works at the practice as well – if he or she took on less-demanding work to allow you to devote yourself fully to the practice, this may be considered.

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 Posted on February 04, 2016 in Divorce and Finances

Getting a divorce can have a significant effect on all areas of your life. Your daily schedule, your relationship with your children and other relatives, and your living situation will all likely be different after your divorce is finalized. If you are not careful, your credit score can also change dramatically, and not in a good way. Divorces are expensive, especially when they are contentious. When a divorcing couple does not have an amicable relationship and thus cannot work together to make financially sound decisions while the divorce is pending, it can be very easy for unpaid bills to pile up and haphazard financial decisions to be made. Work with your spouse and your divorce attorney to maintain control over your finances throughout the divorce process.

Determine Your Joint Bills and Make Sure They Are Paid

This is an important issue for divorcing couples. Your joint bills might include your utilities, your mortgage or rent, your credit cards, and your cell phone bills. If both of your names are on these bills, both you and your spouse are responsible for making sure they are paid every month. Failing to pay a household bill, whether due to vindictiveness toward a former partner or simply forgetting to amid the demands of a pending divorce, can hurt your credit score. Make sure all of your bills are paid, even if your spouse is not holding up his or her financial portion of this responsibility – worry about his or her failure to pay later. Protect yourself from credit consequences now.

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 Posted on February 02, 2016 in Domestic Violence

Divorces can be messy. In many cases, the divorce process brings out the worst in each partner, pushing him or her to become angry, vindictive, and frightened about what will happen in the future with his or her property and relationship with the couple's children. This fright can turn to aggression, which can manifest itself as antagonism aimed at the other spouse and attempts to harass him or her into giving in to the aggressive partner's demands.

This is not a healthy way to end a marriage. In fact, it can be the foundation of a very difficult life for an individual following his divorce because if this behavior is not nipped early, it can lead to a life of fear, resentment, and a much smaller share of the couple's marital assets than the victim was entitled to receive.

Document Everything

This is the most important action you can take if you are a victim because without adequate documentation of your spouse's actions, it can be difficult or even impossible for the court to put a stop to them. Save threatening emails, text messages, and voicemails and document any face-to-face aggression or threats you receive.

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 Posted on January 27, 2016 in Child Custody

There are many reasons why an individual may be determined to be a poor role model for his or her child or that a relationship between him or her and the child is not in the child's best interest. Mental health problems, addiction, or involvement with a harmful activity or individual can tarnish a parent's image in the court's eyes. But these issues do not exist forever. When a parent who was previously found to have a negative influence in his or her child's life turns his or her situation around, he or she may seek to have his or her parenting time increased. Work with an experienced family attorney to prove that your circumstances have changed and seek a modification to your parenting time order.

Examples of How a Parent Can Get Help

If the court only grants you limited time with your child because of a factor or circumstance in your life that could potentially be harmful to your child's health or safety, work with your attorney to determine how you can eliminate this factor. Some examples of improvement you can seek include:

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 Posted on January 25, 2016 in Child Custody

Fitness to parent a child is critical to having the court assign you a favorable level of parenting time or parenting responsibilities following a divorce. Parenting issues like child support, parenting time, and parenting responsibilities are key issues in family law and when determining appropriate rulings for a family, the court scrutinizes both parents and their households to create a post-divorce arrangement that is in the child's best interest.

You might encounter a guardian ad litem during your divorce, which is a neutral third party who interviews parents and children to determine the best living situation for the child. You might also be subject to accusations of poor parenting or poor character from your former spouse in court. In any situation where your parenting skills are questioned, do not become defensive. Instead, show that you are a qualified parent by demonstrating the following.

Show that You Can Support Your Child

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 Posted on January 20, 2016 in Legal Separation

For many Illinois couples, a legal separation is the first step toward a divorce. It is a way to legally designate the end of a couple's relationship so any property acquired between that point and the couple's divorce is not considered to be marital property.

For other couples, a legal separation is a step to take to decide if divorce is right for them – a couple might know that their relationship is not healthy, but not know whether ending their marriage is the right step to take.

For others yet, legal separation is an attractive alternative to divorcing because although it severs the couple's relationship with each other, it does not sever their marriage and the benefits that accompany it.

What you can and cannot do while you are legally separated is not always obvious. Some actions, like remarrying, require an individual to get divorced first. Others, like cohabitating with a new partner, are more ambiguous. If you are considering legally separating from your spouse, discuss the actions you may and may not take with your attorney.

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 Posted on January 18, 2016 in Divorce

When you are going through a divorce, you might feel like you never want to see or speak to your former spouse again. You might even hate your former spouse. This is normal – divorces are emotionally trying and many couples have to work hard just to remain cordial after their divorces. But once time passes and emotions cool, some individuals find themselves voluntarily spending time with their former spouses again. Some even go as far as to fall in love a second time and remarry – each other! An estimated six percent of couples in the United States follow this pattern.

If you are considering remarrying your former spouse, you probably have a lot of questions you need answered. You have already divided your shared assets – now what? Do you combine them again? Do your individual portions from your first divorce remain singly-held property? These are questions that can be answered by an experienced divorce attorney.

Consider a Prenuptial Agreement

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 Posted on January 13, 2016 in Divorce Over 50

We are living in a much different America than the one in which our parents and grandparents lived. Not only are we living and working longer, issues like divorce, remarriage, and parenting after divorce are no longer taboo to discuss and seek help with handling.

Gray divorce, divorces between couples who are aged 50 and older, have seen a dramatic increase in recent years. Many of these couples are in their first marriages, finding that they no longer want to remain married after decades together. Other couples in this category are ending their second or subsequent marriages, finding themselves facing challenges they did not face with their first divorces. If you are over the age of 50 and considering filing for divorce, understand the issues that are relevant to your situation by working with an experienced divorce attorney.

How Divorce Will Affect Your Retirement Benefits

Getting divorced will have an effect on your retirement and pension benefits. If you set up a retirement account during your marriage, this account is considered to be marital property and subject to division between you and your spouse by the court. This is true even if the account is only in your name.

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